Matter of Seeley v. . Stevens
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1907, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to reinstate the petitioner in the employment of the department of public works of the state of New York. The facts, so far as material, are stated in the opinion. Section 21 of "the.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1907, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to reinstate the petitioner in the employment of the department of public works of the state of New York. The facts, so far as material, are stated in the opinion. Section 21 of "the. Civil Service Law is not repugnant to section 3 of article 5 of the State Constitution. (People ex rel. McClelland v. Rob erts, 148 N. Y. 367; Matter of Stutzbach v. Coler, 168…
1Opinion of the CourtO’Brien, J.
The relator applied to the Special Term of the Supreme Court for a writ of peremptory mandamus commanding the state superintendent of public works to restore him to a position in that department from which, as he claims, he was unlawfully removed. The relator in his application, in the form of an affidavit, stated the facts upon which he rested his right to the writ. No answer was made to this affidavit and, hence, the facts are admitted, since the defendant in legal effect demurred and rested his defense entirely upon questions of law; and so the question is whether upon the conceded facts…
2Cases cited4 opinions
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
3Cited by29 opinions
- Matter of Wipfler v. KlebesNew York Court of Appeals · 1940
- Matter of Fornara v. SchroederNew York Court of Appeals · 1933
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- O'Day v. YeagerNew York Court of Appeals · 1955
- Amico v. Erie County LegislatureAppellate Division of the Supreme Court of the State of New York · 1971
24 more not listed; retrieve them via the Exa API.